Stuttafords Stores (Pty) Ltd and Others v Salt of the Earth Creations (Pty) Ltd and Others (A363/2008) [2010] ZAGPPHC 574 (19 February 2010)

Stuttafords Stores (Pty) Ltd and Others v Salt of the Earth Creations (Pty) Ltd and Others (A363/2008) [2010] ZAGPPHC 574 (19 February 2010)

The court held that the adoption of the respondents' heads of argument as the judgment, even if extensive, does not in itself constitute bias. The judge a quo was entitled to adopt the heads if he agreed with their reasoning, especially given the urgent nature of the proceedings. The appellants' arguments regarding late submissions and post-judgment communication did not demonstrate bias or impropriety. The refusal of the recusal application was correct, and the appeal was dismissed as the risk of bias had become academic due to the retirement of the judge concerned.

Citation
[2010] ZAGPPHC 574
Parties
Appellant: Stuttafords Stores (Pty) Ltd; Appellant: Stuttafords International Fashion Co (Pty) Ltd; Appellant: The Gap, Inc; Appellant: Gap (Apparel) LLC; Appellant: Gap (ITM), Inc; Respondent: Salt of the Earth Creations (Pty) Ltd; Respondent: Kingsgate Clothing (Pty) Ltd; Respondent: Paul Vivaldi Fashions (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 February 2010
Case Number
A363/2008
Procedural Posture
Civil Appeal / Appeal Against Refusal of Recusal Application
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
F G Preller, WRC Prinsloo, A M L Phatudi
Legal Topics
Recusal of Judge, Perceived Bias, Passing Off, Urgent Application, Judicial Ethics
Civil Procedure Commercial and Corporate Recusal of Judge Perceived Bias Passing Off Urgent Application Judicial Ethics

Case Brief

Summary, issues, holding and outcome

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Parties

Stuttafords Stores (Pty) Ltd

Appellant

Stuttafords International Fashion Co (Pty) Ltd

Appellant

The Gap, Inc

Appellant

Gap (Apparel) LLC

Appellant

Gap (ITM), Inc

Appellant

Salt of the Earth Creations (Pty) Ltd

Respondent

Kingsgate Clothing (Pty) Ltd

Respondent

Paul Vivaldi Fashions (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Recusal Application

Legal Issues

  1. 1 Whether the conduct of the judge a quo in adopting verbatim the heads of argument of one party constitutes bias warranting recusal.
  2. 2 Whether the acceptance of late heads of argument and an undertaking by the respondents demonstrates bias.
  3. 3 Whether post-judgment communication between respondents and the judge was improper.

Ratio Decidendi

The court held that the adoption of the respondents' heads of argument as the judgment, even if extensive, does not in itself constitute bias. The judge a quo was entitled to adopt the heads if he agreed with their reasoning, especially given the urgent nature of the proceedings. The appellants' arguments regarding late submissions and post-judgment communication did not demonstrate bias or impropriety. The refusal of the recusal application was correct, and the appeal was dismissed as the risk of bias had become academic due to the retirement of the judge concerned.

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.